California Bureau of Real Estate Issues Updated Guidelines for Unlicensed Sales or Marketing Assistants Who Work in the Real Estate Industry

The California Bureau of Real Estate ("BRE") has issued updated guidelines ("Guidelines") for unlicensed assistants who work in the real estate industry. The California Business and Professions Code and BRE regulations regulate the types of activities that require a real estate broker license. A licensed salesperson may perform such activities under the supervision of his or her responsible broker. The BRE is responsible for licensure, oversight and discipline of real estate licensees.

Residential builders and their broker affiliates often employ unlicensed individuals to assist in sales offices by greeting the public, handing out marketing materials, and other activities. Other employees and consultants are also involved throughout the builder's sales and marketing process. It is important that these unlicensed individuals are properly trained and supervised so that they do not engage in dealings with prospective buyers or other activities that require a real estate license.

The BRE's updated Guidelines are available Here. In substance, the new Guidelines remain largely unchanged from the prior version, but have been updated to incorporate the use of electronic and social media in canvassing efforts. The Guidelines provide helpful general direction for common real estate scenarios. However, they are not intended to limit, supplement, or substitute existing law.
Please contact Sheri Marvin or Shannon Mandich if you have any questions about the supervision of unlicensed assistants or permissible scope of unlicensed activities.